Trinity Universal Insurance Company v. Horton

GRISSOM, Chief Justice.

Horace E. Horton and wife sued Trinity Universal Insurance Company on its fidelity bond to recover losses sustained by reason of the fraud of their salesman. The salesman had procured written orders from purchasers in the southeastern part of the United States, sent them to the Hortons, the Hortons filled the orders and paid the salesman his commission for the sale of that merchandise. The purchasers claimed that the salesman did not sell them the merchandise but agreed to deliver it to them on consignment, that is, to be paid for only when it was sold. The Hortons…